A group of retail trade groups, led by the American Apparel and Footwear Association, said that the Office of the U.S. Trade Representative failed to adequately respond to comments when imposing its lists 3 and 4A Section 301 tariffs on China. Submitting an amicus brief at the U.S. Court of Appeals for the Federal Circuit in the massive case against the duties, the retail representatives argued that USTR illegally relied on the president's discretion as a response to the comments, violating the Administrative Procedure Act (HMTX Industries, et al. v. U.S., Fed. Cir. # 23-1891).
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The government correctly classified counterweights for mini-excavators as "backhoe" parts, rendering them ineligible for a Section 301 tariff exclusion, CIT Judge Jane Restani ruled in a July 21 opinion.
The House Select Committee on China, having heard from witnesses advocating a punitive approach to Chinese trade and investment (see 2305180064), asked to hear from advocates for both that approach and a more moderate one in a debate on Capitol Hill.
The Biden administration will complete its review of the Section 301 tariffs "this fall," U.S. Trade Representative Katherine Tai wrote to senators, and while she did not commit to any course of action, she wrote: "As part of the 4-Year Review of the Section 301 tariffs, USTR is reviewing the effectiveness of the tariffs in achieving the objectives of the investigation, as well as the effect of the tariffs on consumers, workers, and the U.S. economy at large. As part of this review, we are considering the existing tariffs structure and how to make the tariffs more strategic in light of impacts on sectors of the U.S. economy as well [as] the goal of increasing domestic manufacturing."
The New Democrat Coalition announced the release July 19 of a new economic plan that includes a "comprehensive, fair, and transparent exclusion process for existing Section 301 tariffs." The caucus' Economic Opportunity Agenda says the exclusion process will "cut costs for Americans and ease global supply chain constraints."
The Office of the U.S. Trade Representative is amending two exclusions from Section 301 tariffs to conform the tariff numbers in the descriptions of the exclusions to recent tariff schedule changes, it said in a notice. The affected exclusions are found at U.S. Notes 20(ttt)(iii)(73) and 20(ttt)(iii)(74) to subchapter III of Chapter 99.
Treasury Secretary Janet Yellen, who has in the past been a skeptic of the utility of the broad scope of Section 301 tariffs on Chinese imports (see 2205180036), rejected the premise of a reporter's question that the U.S. could remove tariffs to "extend an olive branch" to China.
Members of the Select Committee on China led a letter from 66 House members to the leaders of the House Ways and Means Committee, complaining that the expiration of the Generalized System of Preferences benefits program has benefited China and led importers who had capitalized on GSP to return to China.